From the beginning, there has always been confusion about what was meant by, first a criminal record ‘pardon’, and now a criminal ‘record suspension’. In Part 2, we’ll clear up some of the misconceptions. And we’ll start at the beginning.

What is a Record Suspension? According to the Parole Board of Canada:

“A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records.”

While a criminal record still exists for anyone who receives a record suspension, being ‘kept separate and apart’ means it is not visible in background searches. That lets the record holder apply for work, find a place to live and generally go through their lives without fear that their criminal record will become an impediment.

The term ‘Canadian Pardon’ was changed to ‘Record Suspension’ to clarify some confusion about what is a record suspension. Many felt that a ‘pardon’ implied that those who received one were excused of their crimes.

A record suspension does not erase a conviction

Suspensions do not guarantee entry into other countries. To travel to the U.S., Canadians with a criminal record must have a U.S. Waiver.

Courts & Police services do not have to keep the criminal records of those with a suspension separate from other criminal records

Record suspensions do not cancel prohibition orders for driving or firearms

Not every application for a suspension is accepted

Record suspensions can be revoked

The Parole Board of Canada ‘has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.’

Who Applies for a Record Suspension?

With some exceptions, most Canadian criminal record holders are eligible to apply for a record suspension.

Those convicted of Schedule 1 offences under the CRA are ineligible to apply

Having multiple convictions can also make you ineligible

96% of applicants have received provincial sentences, including fines, restitutions, probation, suspended sentences and prison sentences up to 24 months less a day

70% of applicants have never served prison time

4% have received a federal prison sentence of 2 years or more

It’s impossible to clear up every bit of confusion and misconception about record suspensions in a single blog post. If you have questions, contact Pardon Applications of Canada for answers.